Chapter 13 - Federal and State Court System Flashcards
What guarantees judgment by one’s peers and provides a check on government power?
Right to a jury trial
What is a set of rules and standards by which society governs itself?
Law
The law has three purposes. Name one.
Resolves conflict between individuals and groups.
The law has three purposes. Name one.
Protects individuals against government power.
The law has three purposes. Name one.
Defines criminal acts and determines punishment for them.
What were the laws collected by Hammurabi, king of Babylonian?
Code of Hammurabi
This code categorized crimes and provided 282 examples and their punishments.
Code of Hammurabi
This was a source of law for the Israelites.
The Ten Commandments
The ____’s emphasis on social justice and individual and communal responsibility have become a model for ethical laws.
The Ten Commandments
Ancient Romans made their laws by writing them down, and the early published version was called ___.
The Twelve Tables
The name of the final Roman legal code.
Justinian Code
This is the single most important basis for the American legal system.
English common law
____is made by judges as they resolve individual cases.
Common law
What areas of law did the Code of Hammurabi codify?
- Criminal Law
- Property Law
- Family Law
What areas of law did the Twelve Tables codify?
1.Family Law
2. Criminal Law
T or F. The judicial branch provides an interpretation of the law.
True
Name two ways to promote police accountability.
- Internal Affairs Units
- Civilian Review Boards
Define. “Something that has separate and distinct existence.”
Entity
Name a central purpose of the courts.
To promote the rule of law.
____ means that no individual, group, organization, or government entity is above the law.
The rule of law.
Name three things that law must be.
- Known to all
Name three things that law must be.
- Clear
Name three things that law must be.
- Equally, fairly, consistently enforced
___ is the power of courts to say that laws and actions of local, state, or national governments are invalid because they conflict with the Constitution.
Judicial review
This means something is non consistent with a nation’s constitution.
Unconstitutional
What happens if a court declares a law unconstitutional?
Then the law cannot be enforced.
T or F. The Judiciary may smite the executive and legislative branches through its ability to declare laws and government actions unconstitutional.
True
T or F. Judicial review also gives courts the power to declare an action of the executive or legislative branch unconstitutional.
True
Name two ways the Executive Branch can check the Judicial Branch.
- The Executive Branch enforces the decisions of the courts.
Name two ways the Executive Branch can check the Judicial Branch.
- The President appoints federal judges with the advice and consent of the Senate.
Name three ways the Legislative Branch can check the Judicial Branch.
- State and Federal legislative branches have the power to:
a. create some courts;
Name three ways the Legislative Branch can check the Judicial Branch.
- State and Federal legislative branches have the power to:
b. set judges’ salaries;
Name three ways the Legislative Branch can check the Judicial Branch.
- State and Federal legislative branches have the power to:
c. and change laws to clarify meanings.
Name three ways the Judiciary is further limited by the rules of our legal system.
- Courts can only decide issues brought before them.
Name three ways the Judiciary is further limited by the rules of our legal system.
- A judge cannot decide that someone has violated the law and sentence them until the individual is arrested and prosecuted first.
Name three ways the Judiciary is further limited by the rules of our legal system.
- Federal courts can not provide “advisory opinions.”
Means “unbiased.”
Impartial
A key element of democracy is that courts must act _____ and make fair decisions without undue influence by outside forces.
Impartially
What is an argument FOR judge’s having life terms?
Some people believe it allows judges to make decisions without being concerned about how it might affect their chances for reelection.
What is an argument AGAINST judge’s having life terms?
Some people believe it ensures accountability to citizens and is appropriate in a democracy.
_______ can hear cases about crimes, like burglary, murder, driving under the influence or drugs.
Criminal trial courts.
_____ can hear cases where one person or group thinks another person or group should pay for causing harm.
Civil trial courts.
_____ is the authority of a trial court to be the first to hear a case.
Original jurisdiction
T or F. A trial court cannot try a case where there is no harm or alleged violation of law.
True
T or F. Betsy can sue Jake for causing a car accident when she was actually harmed in some way by the accident.
False
______ describes a trial system that is a contest between opposing sides.
Adversarial system
T or F. The trial system in the U.S. is an adversarial system.
True
Some countries use the ______, in which the judge plays a more active role in gathering and presenting evidence.
Inquisitorial system
What do proponents of the adversarial system argue?
They claim the judge or jury will be able to determine the truth if opposing parties present their best arguments and show the weaknesses of the other sides’ case.
What do opponents of the adversarial system argue?
It is not the best method for discovering the truth about what happens and who is at fault.
Adversarial or Inquisitorial. A contest between opposing sides with each side trying to present the most persuasive evidence.
Adversarial System
Adversarial or Inquisitorial. The defense and prosecutor and police conduct investigations, argue their case, and present witnesses and the evidence that benefits their argument.
Adversarial System
Adversarial or Inquisitorial. Judges and juries listen but do not question the witness or gather evidence.
Adversarial
Adversarial or Inquisitorial. A judge’s role is to be impartial, like a referee, and ensure that due process and other rules and guidelines are observed.
Adversarial
Adversarial or Inquisitorial. Any criminal case may go to a jury trial.
Adversarial
Adversarial or Inquisitorial. Prejudicial evidence is not presented to juries.
Adversarial
Adversarial or Inquisitorial. The accused is not required to answer questions.
Adversarial
Adversarial or Inquisitorial. Seeks the truth through examining evidence and investigation.
Inquisitorial
Adversarial or Inquisitorial. The judge may supervise investigations and decide whether a case should proceed to trial. Evidence is made available in advance to both prosecution and defense.
Inquisitorial
Adversarial or Inquisitorial. A judge questions the witnesses and may gather evidence.
Inquisitorial
Adversarial or Inquisitorial. The judge assumes the main role in conducting the trial.
Inquisitorial
Adversarial or Inquisitorial. Juries are only used in very serious cases.
Inquisitorial
Adversarial or Inquisitorial. More lenient rules on the admissibility of evidence.
Inquisitorial
Adversarial or Inquisitorial. A judge can require the accused to answer questions.
Inquisitorial.
T or F. In a criminal case, the judge or jury must be convinced beyond a reasonable doubt that a crime occurred and that the accused committed the crime.
True
In a civil trial, the person who brings the suit to court (or the party accusing someone of causing damage) is called the _____
Plaintiff
In a criminal trial, an attorney who represents the government in a criminal case is called the _____
Prosecutor
In both civil and criminal trials, the party responding to the plaintiff (for civil trials) and the prosecutor (for criminal trials) is called the _______
Defendant
A group of citizens who hear evidence during a trial and give a verdict is called the _______
Jury
Which amendment to the U.S. Constitution guarantees the defendant to the right to have “assistance of counsel?”
The Sixth Amendment
Steps in a Trial. The plaintiff’s attorney (in a civil case) explains to the trier of fact (the judge or jury) the evidence to be presented as proof of the allegations in the written papers filed with the court.
Opening statement by Plaintiff or Prosecutor.
Steps in a Trial. The defendant’s attorney explains evidence to be presented to disprove the allegations made by the plaintiff or prosecutor.
Opening statement by Defense.
Steps in a Trial. Each witness for the plaintiff or prosecution is questioned. Other evidence in favor of the plaintiff or prosecution is presented.
Direct examination by Plaintiff or Prosecutor.
Steps in a Trial. The defense has the opportunity to question each witness. Questioning is designed to break down the story or to discredit the witness.
Cross-examination by Defense.
Steps in a Trial. If the prosecution’s or plaintiff’s basic case has not been established from the evidence introduced, the judge can end the case by granting a motion (oral request) made by the defendant’s attorney.
Motions
Steps in a Trial. Each defense witness is questioned.
Direct examination by Defense
Steps in a Trial. Each defense witness is cross-examined.
Cross-examination by Plaintiff or Prosecutor
Steps in a Trial. The prosecutor or plaintiff’s attorney reviews all the evidence presented and asks for a finding of guilty (in criminal cases) or a finding for the plaintiff (in civil cases).
Closing statement by Plaintiff or Prosecutor
Steps in a Trial. This is the same as the closing statement by the prosecution or plaintiff. The defense asks for a finding of not guilty (in criminal cases) or for finding for, or in favor of, the defendant (in civil cases).
Closing Statement by Defense
Steps in a Trial. The prosecutor or plaintiff may have the right to make additional closing statements that respond to points made by the defense in its closing statement.
Rebuttal arguments
Steps in a Trial. The judge instructs the jury as to the law that applies in the case.
Jury instructions
Steps in a Trial. In most states, a unanimous decision by the jury is required for a verdict. If the jury cannot reach a unanimous decision, it is called a hung jury, and the case may be tried again by a new judge or jury.
Verdict
_____ means easily discovered, seen, or understood.
Obvious
_____ is an attorney who works for the state and defends people who cannot afford a private attorney.
Public defender
Which case mandated that STATES must provide a free lawyer to defendants in cases where they are charged with a serious crime?
Gideon v. Wainwright (1963)
________ are people with knowledge about the facts of a case.
Witnesses
__________ is an agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.
Plea bargain
What do supporters of plea bargains argue?
That they are efficient and save the state the cost of the trial in situations where the defendant’s guilt is obvious or the state’s case is weak.
What do opponents of plea bargains argue?
That they allow some criminals to get off lightly, or that it encourages people to give up their rights to a fair trial.
_______ is a group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial.
Grand jury
Which amendment to the U.S. Constitution requires that before anyone be tried for a serious crime in federal court, there must be a grand jury indictment?
5th Amendment
_______ is a formal charge of criminal action by a grand jury.
Indictment
Which amendment to the U.S. Constitution guarantees the right to trial by jury in criminal cases?
6th Amendment
Which amendment to the U.S. Constitution guarantees the right to trial by jury in civil cases in federal courts?
7th Amendment
T or F. Eliminating a juror solely based on race, ethnicity, or gender in either a civil or criminal trial is unconstitutional.
True
T or F. The jury system as a whole should generally reflect the diversity of the community in which the trial is taking place.
True
A mistake by a judge as to the applicable law in a case.
Error of law
T or F. In cases involving minor errors of law, the trial court decision will not be reversed.
True
T or F. Appellate courts seldom reconsider a trial court’s determination of the facts.
True
T or F. An appellate court focuses on deciding legal questions that arise a trial.
True
The fair administration of justice is called _________.
Procedural Due Process
_________ means existing or coming about seemingly at random or by chance.
Arbitrary
Defendants in a criminal trial have several due process rights, including _________.
The right to a speedy trial
Defendants in a criminal trial have several due process rights, including _________.
The right to an impartial jury of one’s peers
Defendants in a criminal trial have several due process rights, including _________.
The right to confront witnesses
Defendants in a criminal trial have several due process rights, including _________.
The right not to be tried for the same crime twice (double jeopardy)
Defendants in a criminal trial have several due process rights, including _________.
The right to be free from self-incrimination
Which type of court am I? This court has “original” jurisdiction. Some states have several types. These courts hear evidence and determine guilt in criminal cases and liability in civil cases.
Trial Courts
What type of court am I? This court has “appellate” jurisdiction. This court reviews claims that an error of law was made at trial.
Appeals Courts
What type of court am I? This court has appellate jurisdiction. In rare cases, the U.S. Supreme Court and states’ highest courts have “original” jurisdiction. this court reviews claims that a lower court did not interpret the law correctly.
Supreme Courts
T or F. Typically a panel or judges decides appeals in an appeals court.
True
T or F. When an appeals court decides a case, it usually issues a written opinion explaining its ruling.
True
The ______ states the decision of the court.
Majority Opinion
Judges who disagree with the majority opinion may issue a separate document called a ________.
Dissenting Opinion
In some instances, judges who agree with the majority’s outcome, but for reasons different from those used to support the majority opinion, may write a _________.
Concurring Opinion
________ is a legal principle created by an appellate court decision that lower court judges must follow when deciding similar cases.
Precedent
This U.S. Supreme Court set the precedent that the First Amendment’s right to free speech meant it is legal to burn the American flag as part of a political protest.
Texas v. Johnson (1989)
A latin term meaning “let the decision stand” - refers to the principle that courts should follow precedent.
Stare Decisis
T or F. Precedents apply to all the courts below the court that rules in a case.
True
T or F. When a federal court of appeals crates a precedent, that precedent is NOT binding in a federal trial court in a DIFFERENT circuit.
True
T or F. When the U.S. Supreme Court creates a precedent, ALL lower courts throughout the land must follow it.
True
T or F. From time to time, courts overrule precedents because the law must have some degree of flexibility
True
Yes or No. If a STATE Supreme Court creates a precedent, must federal trial courts follow it? Why or why not.
No. Federal trial courts are do not fall BELOW any state Supreme Court. Precedents only apply to the courts below the court that rules in a case.
In this Supreme Court Case, the Supreme Court ruled that students in public schools have a right to free speech, as long as that speech does not substantially disrupt the school’s work or interfere with the right of others.
Tinker v. Des Moines (1969). Two students work black arm bands to protest the Vietnam war.
In this Supreme Court Case, the Supreme Court ruled that schools can restrict students’ speech if it’s lewd, indecent, or plenty offensive. Schools have an interest in preventing speech that is consistent with the “basic educational mission.”
Bethel School District v. Fraser (1986)
In this Supreme Court Case, the Supreme Court ruled that schools could restrict students’ speech when that speech is part of a school-sponsored activity and could be reasonably interpreted to represent the school’s opinion on an issue.
Hazelwood School District e. al. v. Kuhlmeier (1988)
________ describes the power of a court to decide a case.
Jurisdiction
______ is a federal law; a law written by the legislative branch.
Statute
T or F. Federal courts can generally hear cases that raise questions about a federal law.
True
Federal courts are considered to be courts of _________ jurisdiction.
Limited
State courts are considered to be courts of __________ jurisdiction.
General
Courts that are able to hear a wide variety of cases that deal with state or local law, the state constitution, or federal law or the federal constitution.
General Jurisdiction
T or F. Cases involving many-but not all-federal laws CAN also be tried in the state court system.
True
____________ courts apply state and local laws.
State and local courts
State court systems generally have three types of courts:
- Minor courts
State court systems generally have three types of courts:
- General trial courts
State court systems generally have three types of courts:
- Appeals courts
Minor courts are often called _______.
Justice courts, municipal courts, magistrate courts, or inferior trial courts.
T or F. Minor courts are often specialized to deal with specific types of legal issues.
True. I.E. family courts does with only issues with the family.
__________ courts hear lawsuits involving small amounts of money.
Small claims courts
________ courts handle cases involving wills and claims against estates of persons who die with or without a will.
Probate courts
General trial courts go by different names in different states:
Superior court, county court, district court, or the court of common pleas.
Appeals courts in different states go by different names:
Supreme court, court of appeals, supreme judicial court.
State court judges are selected in one of four ways:
- Popular election.
2 Election by the legislature - Appointment by the governor
- Combination of appointment and popular election
T or F. In ALL states, judges serve a limited term.
True. Though they may be reelected or reappointed.
Congress has divided the United States into ___________ federal judicial districts, with a trial court known as a federal district court in each district.
94
The act of continuing to hold or have, as in a political position.
Retention
Courts that generally hear cases that raise questions about a federal law or the federal constitution have _______.
Limited jurisdiction
Process where a judicial commission made up of lawyers, judges, and laypeople decide who will be a judge or who send a list of candidates to the governor for selection.
Merit Selection
Which part of the U.S. Constitution sets out the basic structure of the federal court system?
Article III
T or F. Federal courts can sometimes decide cases that deal with state law if the parties to the case are from different states and a large amount of money is in question.
True
The federal trial courts are grouped into __________ regional circuits.
12
The divisions under the United States Federal Court system, grouped into 12 regional circuits, each of which has a federal court of appeals, also called a U.S. Circuit Court.
Regional circuit
The federal courts of appeals are called ______.
U.S. Circuit Court
Jurisdiction of State Courts:
Crimes under state laws
Jurisdiction of State Courts:
State constitutional issues
Jurisdiction of State Courts:
Cases involving state laws and regulations including family law, contract law, property
Jurisdiction of State Courts:
Most cases involving federal law
Jurisdiction of Federal Courts:
Federal crimes
Jurisdiction of Federal Courts:
Issues involving federal law, including the U.S. Constitution
Jurisdiction of Federal Courts:
Disputes between states
Jurisdiction of Federal Courts:
Treaties with foreign nations
Jurisdiction of Federal Courts:
Bankruptcy
Jurisdiction of Federal Courts:
Admiralty and maritime
Jurisdiction of Federal Courts:
Antitrust
Jurisdiction of Federal Courts:
Securities and Banking Regulations
Jurisdiction of Federal Courts:
Foreign diplomats or foreign governments
A special skill or knowledge in a particular field.
Expertise
T or F. Federal court judges are appointed by the President AND confirmed by the Senate.
True
According to the U.S. Constitution, federal judges can old office during ____________.
good behavior
T or F. Removal of federal judges requires the Congress to follow formal impeachment procedures.
True
Two other types of courts that operate in the United States are:
- Military courts
- Tribal courts
Which section of the U.S. Constitution allowed it to develop a separate justice system for the U.S. Military?
Article I, Section 8
What is the current regulation known as that governs the military?
The Uniform Code of Military Justice (UCMJ)
Violations of the UCMJ are heard in proceedings called ________.
Courts-martial
Similar to criminal trials, but consists of judges and attorneys drawn from legal officers of the military branch in which the violation occurred.
Court-martial
A tract of public land set aside for use by Native Americans, on which most of these groups have their own tribal justice systems.
Reservation
A court that hears criminal and civil cases operating within the tribal justice system.
Tribal court
_________ hear a broad range of both criminal and civil cases involving both Native Americans and non-Native Americans.
Tribal courts
T or F. Tribal courts CANNOT prosecute non-Native Americans for crimes committed on the reservation.
True
An appeals court can make one of three decisions. What are the three decisions?
Upholds trial court’s decision
An appeals court can make one of three decisions. What are the three decisions?
Reverses trial court’s decision
An appeals court can make one of three decisions. What are the three decisions?
Sends case back to the lower court to be tried again
An appeal court will hear an appeal from the trial court when one of two things is alleged by a party:
There was an error or law
An appeal court will hear an appeal from the trial court when one of two things is alleged by a party:
There was a violation of procedural due process
What are the 5 foundations of the judiciary?
- Fairness
- Rule of Law
- Accountability
- Judicial Independence
- Controls on Abuse of Power (Judicial Review)
